Auction Terms & Conditions Terms and Conditions of Sale
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1. Starling Auctions (Auctioneers) hereby grants to the party whose signature appears on the Bidders Registration Agreement (Bidder), the right to use the number shown heron for the purpose of bidding at an auction sale to be conducted by the Auctioneers. Such right is granted at the Auctioneers sole discretion and may be revoked at any time.
2. Bidder acknowledges he has received, read and understands these terms and conditions of sale and agrees to comply with and be bound by such.
3. The Auction will be conducted by offering the item by lot (Lot), either individually or in groups. The Bidder offering the highest bid accepts a lot when he makes a bid. All sales are final.
4. Bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree: (a) to indemnify and save harmless Auctioneers and its consignors from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the attendance or participation of Bidder, his agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale. (b) to be responsible for the payment of the purchase price and taxes due on all of Bidders purchases.
5. Some items in this Auction may be subject to a reserve.
6. The Bidder grants, to the Auctioneers, a security interest in the Purchases, to secure payment of the purchase price. In the event of non-payment the Auctioneer may proceed to file the Bidder Registration Agreement as a financing statement to perfect the security interest granted by this Security Agreement.
7. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever in respect of the Lots offered at the auction. Each and every Lot will be sold "as is, where is". Specifically, but without limitation, Auctioneers make no representation or warranty that any of the lots: (a) conform to any standard in respect of safety, pollution or hazardous material or to any standard or requirement of any applicable authority, law or regulation or (b) are fit for any particular purpose, or (c) are merchantable or financeable, or (d) are of any particular age, year of manufacture, model, make or condition. Bidder agrees he has satisfied himself and is not relying on Auctioneers, not are Auctioneers liable, for any matter in respect of the above. Bidder further agrees to repair at his cost, any lot purchased at the auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which lot may be put.
8. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site at any time, shall be there at his own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, their agents, employees, or directors/principals for any injuries sustained, nor for damages to or loss of property which may occur for any cause whatsoever.
9. Auctioneers may, at anytime, at their sole discretion and without notice or liability to Bidder: (a) withdraw or cancel the sale of any Lot, or (b) offer any Lots in groups or without privilege.
10. The Bidder is responsible for knowing which item he is bidding on. If he is unsure, he should inquire or not bid. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes". Any dispute arising as to any bidding shall be settled by Auctioneers at their sole discretion and Auctioneers may put the Lot in dispute up for sale again.
11. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client the seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, action, or adverse comments he feels are not in the best interest of the seller.
12. Every effect is made to "guard" merchandise throughout the auction; however, Purchases become the responsibility of and shall be at the risk of Purchaser upon acceptance of his bid. It shall be the responsibility of Purchaser to insure his Purchases immediately. Auctioneers shall not be responsible for loss or damage to any Purchase.
13. Everything must be paid in full on the day of the Auction. All payments must be made to Starling Auctions by Cash, Interac, MasterCard*, Visa*, and American Express* (*additional fees apply), Certified Cheque or Personal/Business Cheque accompanied by a bank guarantee acceptable to Auctioneers.
14. Purchaser shall not be entitled to possession of any Purchases until the total purchase price of all his Purchases including all applicable goods, sale or use taxes, has been paid in fully paid. In the event purchaser fails to comply with any Terms, Auctioneers at their sole discretion have the right to resell such Purchases by public or private sale without notice to Purchaser. Should Auctioneers resell any Purchase, the net proceeds therefrom (after deducting commission and any costs) shall be credited to the original Purchasers account and the original Purchaser shall forthwith upon demand pay Auctioneer, as damages, any deficiency arising from the resale.
15. All purchases must be removed from the auction site within (7 days) days of the sale. All costs, responsibility and risk of such removal shall be borne by Purchaser. Purchaser shall use prudence in effecting such removal. Auctioneers reserve the right to require proof of adequate insurance coverage from any Purchaser for purchases requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both Consignor and Auctioneer against any damage cause by the acts of Purchaser and/or his agents in connection with the dismantling or removal of any Purchase. If for any reason whatsoever Purchaser fails to remove any purchase within the time specified, the Purchase shall be deemed abandoned, and Auctioneers, at their sole discretion, shall remove and store the said Purchase at Purchasers sole risk and expense. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneers because Purchasers failure to remove any purchase.
16. The Listing Catalog has been prepared as a guide only, based on information believed to be reliable and from the Consignor, however, its accuracy can not be guaranteed or warranted. No sale shall be invalidated, nor shall Auctioneers be liable as a result of defects or inaccuracies in the Listing Catalog. Bidder acknowledges that all Lots were available for inspection prior to the Auction and that it is his responsibility to inspect all equipment and to make his own inquiries prior to bidding.
17. If, for any reason, Auctioneers are unable to make available or deliver any Purchase or clear title to the same, or documentation required in respect of any Purchase, whether before or after delivery, Auctioneers sole liability, if any, shall be the return of monies paid in respect of such purchase upon its return by Purchaser. Any such purchase shall be returned or surrendered upon demand by the Auctioneers.
18. Interest on overdue amounts will be paid by Purchaser at the maximum rate per annum as allowed by law, together with any legal or collection costs incurred by Auctioneers.
19. Upon Purchaser arranging for and assuming all risk and costs associated therewith to Auctioneers satisfaction, Auctioneers will ship Purchases to, and give physical possession at a destination specified by Purchaser.
20. These are the complete Terms and may not be amended except by agreement in writing signed by Auctioneer and the respective Purchaser.
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